What is a Record of Employment (ROE)? – Ontario Guide

A Record of Employment (ROE) is a critical document in Ontario that summarizes an employee’s work history with their employer. It’s primarily used by Service Canada to determine eligibility for Employment Insurance (EI) benefits. Whether you’re an employee or an employer, understanding what an ROE is, how to obtain it, and when to issue it is essential.

What is a Record of Employment (ROE)?

An ROE is a formal document that details your employment information, including:

• Your employment period
• Total insurable earnings
• The reason for leaving the job

This document is essential for employees applying for EI benefits, as it helps Service Canada determine:

• Whether you qualify for EI
• The amount and duration of benefits
• Protection against fraudulent claims

When should a Record of Employment be issued?

Employers are required to issue an ROE whenever an interruption of earnings occurs. This typically happens when:

1. Employment ends: You are terminated, laid off, or resign.
2. Earnings drop below 60% due to:
   • Illness or injury
   • Maternity or parental leave
   • Quarantine or family responsibility leave

How long does an employer have to issue an ROE in Ontario?

The deadline depends on how the ROE is issued:

For paper ROEs:

Employers must issue the ROE within 5 calendar days of:

• The first day of an interruption of earnings, or
• The date they become aware of the interruption.

For electronic ROEs:

The timing depends on the employer’s pay period:

• Weekly/Biweekly/Semi-monthly: Issue the ROE within 5 calendar days after the end of the pay period.
• Monthly or every 4 weeks: Issue the ROE within:
  • 5 calendar days after the pay period ends, or
  • 15 calendar days from the first day of the interruption—whichever comes first.

Failure to meet these deadlines can result in penalties, including fines of up to $2,000, six months of imprisonment, or both.

How do employees get their ROE?

• Paper ROEs: Your employer will provide the physical document directly to you.
• Electronic ROEs: Accessible through your My Service Canada Account. This online portal allows you to:
  • View and download your ROE
  • Track EI applications
  • Manage Canada Pension Plan (CPP) and Old Age Security (OAS) information

If you can’t access your ROE, contact your employer immediately.

How do employers submit an ROE?

Paper ROEs:

Employers must:

1. Give the original ROE to the employee.
2. Submit the blue copy to Service Canada.
3. Retain the white copy for records (minimum of 6 years).

Electronic ROEs:

ROEs can be submitted online using the Record of Employment on the Web (ROE Web) platform. Employers must:

• Register their organization with Service Canada.
• Issue and file ROEs electronically, ensuring all deadlines are met.

What are ROE codes, and why are they important?

The ROE includes a code that explains why the employment ended. Common examples include:

• Code A: Shortage of work (e.g., layoffs)
• Code E: Quit
• Code M: Dismissal

These codes are crucial because they directly impact an employee’s EI eligibility. Errors in coding can delay or affect benefits, so employers must ensure accuracy. To find a list of additional ROE codes in Canada, see our resource on Record of Employment (ROE) Codes in Canada.

Code M: Navigating termination for cause and without cause

When you’re let go from your job in Ontario, one of the most important parts of your ROE is Code M, which employers use for dismissals. However, the distinction between being terminated for cause or without cause can significantly impact your financial stability after losing your job.

What does Termination for Cause mean?

A dismissal for cause in Ontario happens when your employer claims there was a serious reason for ending your employment, such as:

• Severe misconduct
• Breach of company policies
• Gross negligence

Why It Matters: If Code M is used incorrectly to indicate a termination for cause, it can:

• Affect your ability to receive EI benefits.
• Lead to a reduced or denied severance package.

How We Can Help: Employers often misuse Code M unknowingly or to avoid paying proper severance. If you believe your termination for cause was unjustified:

• Contact an experienced employment lawyer at Samfiru Tumarkin LLP.
• We can review your ROE, challenge the termination if necessary, and ensure you receive the severance pay you’re owed—up to 24 months’ compensation in Ontario, depending on many factors.

What about termination without cause?

Most terminations in Ontario are without cause, meaning your employer let you go for reasons unrelated to misconduct. Even in these cases, employers often use Code M on the ROE but should include “without cause” or “no cause” in Block 18 (reserved for comments and details).

Why This Matters: Specifying “without cause” ensures that your EI benefits and severance rights remain intact.

What to Do: If your ROE doesn’t clarify “without cause,” you can:

• Request your employer amend the document.
• Consult a Samfiru Tumarkin LLP employment lawyer if the issue impacts your eligibility for severance pay.

Common issues with Records of Employment

• Employer delays: If your employer hasn’t issued your ROE, you can still apply for EI and submit the ROE later.
• Errors on the ROE: Mistakes in dates or codes can lead to denied EI benefits.
• Lost ROEs: For paper ROEs, request a replacement from your employer or Service Canada.

Key takeaways about ROEs in Ontario

• Essential for EI benefits: Employees need an ROE to apply for Employment Insurance.
• Employer obligations: Employers must issue ROEs promptly after an interruption of earnings.
• Deadlines matter: Employers face penalties for late or inaccurate ROEs.
• Access online: Employees can view and download ROEs through My Service Canada Account.

If you have questions about your Record of Employment or suspect your employer is not fulfilling their obligations, contact the experienced employment lawyers at Samfiru Tumarkin LLP. We’ll help you understand your rights and get the support you deserve.

How we can help

Whether your dismissal was for cause or without cause, it’s crucial to get the help you need when you’ve been wrongfully dismissed. At Samfiru Tumarkin LLP, we’ve helped tens of thousands of employees secure fair treatment, ensuring:

• Proper EI eligibility.
• Generous severance packages.
• Protection of your employment rights.

Contact us today to discover your rights and get the compensation you deserve.